The Next Declaration of Palestinian Statehood


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On Tuesday, the United Nations published a report by its Middle East coordinator claiming that the Palestinian Authority is prepared to govern a state of its own, and that any challenges it faces would be the fault of the continued Israeli “occupation.”

The report is another step toward the declaration of a Palestinian state with the imprimatur of the United Nations. Just a few months ago the Palestinian leadership of Mahmoud Abbas and Salam Fayyad were threatening unilateral declaration through the UN Security Council, though that would be subject to an almost certain veto by the U.S. This time, the Palestinians are seriously floating a plan to call for a vote on statehood by the full General Assembly this coming September.

But as University of San Diego law professor Abraham Bell pointed out, this would not enable the Palestinians to avoid the American veto.

“Member states have to be recommended by the Security Council, and then after the Security Council recommends them, the General Assembly can then vote by two-thirds majority to accept them,” Bell said.

Bell said that if the U.S. vetoes the resolution at the Security Council, the Palestinian Authority would be denied statehood, but that in the General Assembly the Palestinians would likely have the votes for a supermajority. If the Palestinians get only the supermajority vote in the General Assembly, their status would not change one iota under international law. “It doesn’t make something that wasn’t a state into a state. And failure to win the vote, doesn’t make what is a state, not a state.”

But that doesn’t mean the Palestinians would gain nothing from the vote, even if the resulting resolution is nonbinding. The Heritage Foundation’s Brett Schaefer, author of ConUNdrum: The Limits of the United Nations and the Search for Alternatives, said that the Palestinians could still open certain legal doors with such a vote, and would certainly reap some diplomatic benefit from it.

“It’s obviously a political coup for the Palestinians, because what it does is it signals widespread recognition of them as an independent state,” Schaefer said. “It could lead to diplomatic recognition individually among states in increasing numbers. And it does give them more leverage over certain things including, potentially, joining the International Criminal Court, as a participant in that. That’s a double-edged sword. One ramification of that, should it happen, would be that any attacks that Israel launches on Palestinian territory could be subject to the jurisdiction of the ICC. However, the Palestinians themselves would also be subject to that jurisdiction. I think that the Palestinians would want to think long and hard about whether they’d want to subject themselves and the actions of Hamas, who operate in their territory, to that type of jurisdiction.”

Ironically, Bell said it is Hamas in Gaza that possess the legal prerequisites to form a state—not Fatah, which controls the West Bank and runs the PA.

“Hamas in Gaza has the legal ingredients, which are territory, a population, government, and a capacity to carry on foreign relations,” Bell said. “So if they declare themselves to be a state, I think they are a state. They don’t apparently have any interest. And then you have Fatah, which controls some authority in the West Bank, though under Israel, and I don’t think they have the ingredients. Do they have territory? It’s doubtful; they don’t really control exclusively any territory. Do they have a government? Yes, but it’s subordinate to Israel under the agreements. They have a population; they have the capacity to carry on foreign relations. So I think they’re missing ingredients. The General Assembly voting to say that they’re a state doesn’t make them actually one if they’re missing legal ingredients. And they’re the ones who are going to be pressing for this vote.”

Both Bell and Schaefer agreed that the vote would be designed to put diplomatic pressure on Israel. Bell referenced the vote the PLO called for in 1988, which was intended to pressure Israel into unilaterally relinquishing territory that UN member states now recognized as part of “Palestine.”

Amir Mizroch, former executive editor of the Jerusalem Post, believes it would accomplish just that—if the Palestinians invoked UNGA Resolution 377, also known as the “uniting for peace” resolution. It states that the General Assembly may take matters into its own hands if the Security Council fails to uphold its responsibilities to maintain peace. If the Palestinians won a GA vote after invoking 377, Mizroch wrote on his website, it would put Israel in an exceedingly difficult situation diplomatically.

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  • SHmuel HaLevi

    The answer to the so called fabricated "palestinean people" claims to officialize their theft of our Land is for Israel to reassume sovereignty to our National Land which has been clearly delimited since 1000's of years ago.
    The impudent european invaders and usurpers have "partitioned" many Lands creating conditions for their extended control over people and resources not theirs.
    NO one either foreigner or unJewish has any right to change those limits. No one or a collective shall be allowed to take our Lands again.
    That shall require stern Jewish Leadership and we intend to elect that leadership

  • Voltairie

    All of the advantages Seth Mandel ascribes to the Muslims currently occupying Judea and Samaria also abide in the Jews who live in Judea and Samaria and whose ancestors civilized this region. That being the case, these very same Jews can and should claim statehood for themselves in order to establish a Jewish-Palestinian in that region. The Jews have a unified claim to the lands historically known as Judea and Samaria, a language historically connected to the land as well as historical claims to the land, and also the means of governing Judea and Samaria. These are facts on the ground, and as such, these facts are what particularly concern the Muslims and their arabist enablers, all of whom desperately hope to obscure the truth with their propaganda and illegal presence. It's a fact that the presence of arabs in the Jewish Homeland (who were allowed to infiltrate Judea and Samaria) does not confer upon them any claim to the land they occupy—land that was accorded to the Jews as the Jewish Homeland by the San Remo Resolution and thereafter ratified by binding subsequents treaties … and this is so even if politically correct US Jews chose to remain blind to the body of international law that buttresses Israel's sovereignty over Judea and Samaria.

    • ajnn

      A fun idea, but it would not work.

      The "Jews who live in Judea and Samaria" do not exercise control and sovereignty over a definable land area, they do not have any institutions (police, etc) to establish and maintain a civil society, and they have no present capacity to manage foreign relations.

      They have a legal claim to the land, physical presence, and constitute a definable people (but not indistinction from the population of Israel). This is not legally sufficient.

  • WilliamJamesWard

    How is it at all possible that all of the nations of the world can back the
    Palestinian claims to Israeli land. It is known that they are frauds and
    murderers, the UN would have the blood of all of these people on their
    hands as they know they are expendable with Egypt, Syria, Iraq and
    Iran not wanting them nor do they want Israel who they have been trying
    to destroy for sixety years. The Arab states who play oil for votes against
    Israel will not want a Palestinean State either so when push come to
    shove and enforcing any UN mandate, who is going to go up against
    the IDF or will the Israelis take preemptive action. What a rotten World we
    have, almost the entirety supporting murder incorporated. Obama can
    not be trusted and that is the main danger to Israel, he has American
    troops training the Palestinians and has showered millions of dollars
    on Hamas, the Congress of the United States has shown a blind eye
    and the American people are still in need of purging the Leftist, Socialist
    and Islamist poison from the Government, life is heading down hill
    like a run away train, is Superman in the crowd?………………….William

    • Charlie

      It's not even possible for you to be more deluded. AIPAC controls and dictates American mid-east policy, 100%. The entire world knows this. Well, not the entire world. You apparently don't.
      This is why both Tel Aviv and Washington have marginalized and discredited themselves into irrelevance on the world stage. And now you will have to be dragged kicking and screaming to see the rest of the world push you aside where you belong, or back into the sea if you insist.

      • WilliamJamesWard

        Idiot!………..

  • jacob

    Professor STEVEN PLAUT of HAIFA Unkversity School of Economics traces a frightening parallel with the Sudentenland/ Checkoslovakia situation before
    WWII, very likely with what might happen if and when the PA, partially financed
    by Israel itself, achieves statehood (little know is that the Israeli govmt., on top
    of subsidizing the mice-rate multiplication of its Arab citizens, has the chrome
    plated brass balls of handing over to the PA the payroll tax proceeds paid by
    Israeli employers of Arab work force)..

    Professor Plaut states the issue was brought up to the Israeli govmt. already
    but it seemingly has more pressing matters to take care of, such as the "cease
    fire" with HAMAS, returrning the MARMARA to Turkey (which GOD willing will be
    in the new "flotilla" and some other "matters" of top priority ….

    • ajnn

      You are right. Israel MUST stop sending tax money to the PA. This is self-destructive.

  • kasandra

    Anne Bayefsky wrote, "Three, he should make it clear to his Quartet partners that such a declaration would render the Oslo accords and the Roadmap null and void, since it would constitute a unilateral rejection by the Palestinian Authority of its obligations thereunder, thereby ending any obligations under prior agreements on Israel’s part as well.” Two questions: 1) Has the P.A. lived up to any of its obligations under the Oslo accords; and 2) Have they suffered any penalty as a result of their non-compliance? I doubt the P.A. would care that declaring statehood would constitute a unilateral rejection of the Olso agreement since they've never lived up to a word of it yet.

  • Marty

    A palestinian state will make no difference. It will be merely one more dysfunctional and corrupt arab polity that maintains stability by brutalizing and impoverishing its citizens. There should be two palestinian states anyway. One can be located in gaza and the other in the west bank. Perhaps they will threaten one another. and each can refer to the other as illegal. Each will also compete with the other to determine which hates Israel more. In a somewhat sad way, it could all be fun to watch.

    • ziontruth

      The recent hullabaloo with Pastor Jones shows that even those Muslim groups that are at each others' throats are capable of laying aside their differences in favor of waging jihad against the non-Muslim enemy. Similarly the cooperation between Sunni Hamas and Shia Hezbollah. This is therefore not good strategy.

      There should be only one truly Palestinian state: Israel, the state of the one and only true Palestinian nation, the Jewish nation. Usurper Arab/Muslim states situated upon indigenous Palestinian (=Jewish soil) must be liquidated, and their population of Arab settler-colonists expelled.

  • StephenD

    I suspect the "Palestinians" (I hate using the term) will declare themselves a "State" for the political benefits it would bring even if legally it is not a state. In this way they can continue to get OUR money as refugees (of Jordan) and not be forced to be self-sufficient. Of course, the OIC will "recognize" them and condemn Israel (what else is new). They'll go to the limit up and until it threatens their subsidy. After all, money talks.

    • ziontruth

      "I suspect the 'Palestinians' (I hate using the term)"

      I use the term "Arab settlers" when referring to the falsely-called "Palestinians." I reserve the term "Palestinians," without quotation marks, to refer to the Jews, being the one and only nation truly uniquely of Palestine, truly tied to this land. The pedigree of such usage is old and respectable: See, for example, Immanuel Kant's phrase "The Palestinians among us" when referring to the Jews of his place and time (18th-century Germany).

      • ajnn

        It is possible to get general agreement on the term 'Palestinian Arabs' and we should insist on it to avoid the ambiguity of Jewish residents of Palestine who were referred to both colloquially and on all documents as 'Palestinans'. (The Arabs were listed in documents – identity cards, drivers licenses, marriage licenses, etc – as 'Arabs'.

        This will open a whole line of discussion that is unknown to most.

        'Palestinan Arabs' – could be very useful in the ongoing debate.

        • ziontruth

          Sorry, I don't like the term "Palestinian Arabs" either. It implies they have some sort of tie to the land. They are no more of Palestine than Alexander's troops were of Sogdia.

          "Arab settlers" is definitely the best. The word "settler" today implies a foreign colonist-invader who is rightfully destined to be driven out, and that's why the anti-Zionists tag the Jews of Judea and Samaria (or more–recall Helen Thomas' notorious words) with that label. Therefore Zionists everywhere need to make the label "settler" stick to the Arab usurpers of Jewish land like glue.

          You've got to admit the news sounds a lot better when, instead of "5 Palestinians were killed by IDF fire" you would read "5 Arab settlers were killed after firing a barrage of rockets on Jewish towns." Biased to our side as it should be, and not to the side of Arab/Islamic imperialism as it is right now.

          • ajnn

            Your argument, while very nice, isw a 'zero-sum' model.

            'Palestinan Arabs' will open a whole line of discussion that is unknown to most.

            'Palestinan Arabs' – could be very useful in the ongoing debate.

          • ziontruth

            There is no debate here, ajnn. This whole conflict is a zero-sum model. The fraud of the faux-Palestinian "nation" was never meant to touch off a debate; its purpose has been, from the start, to serve the delegitimization of the Jewish state by fraudulently portraying the Arab settlers in Palestine as the indigenous and the Jews as settler-colonist invaders.

            The target of the inversive Arab nomenclature, of "indigenous Palestinian [Arab] vs. Jewish settler-colonist," has been from the start to put Zionism on the defensive. Indeed, as long as you stay within this system, Israel's PR war is a fruitless endeavor, because all of Israel's goodness is ignored in favor of the accusation that Israel is situation on "stolen land." No PR victory is possible within this constraint.

            And my target is to reverse the situation. By restoring the truth of the Jews being the indigenous Palestinians and the Arabs being settler-colonists in Palestine, I aim to make it impossible to see anti-Zionism as anything but a cause of injustice, an imperialist movement that wishes to rob a nation of the little it has. If this message is trumpeted in the media (and I hold that the Jewish State must force the media outlets of the world to do so), then the PR position of Israel will eventually change dramatically.

  • BS77

    How can anyone grant these mobs of lunatics a state? Hamas continues to fire rockets and mortars into Israel, yet expects to be rewarded with land, capital and statehood!!! Hamas has declared repeatedly that it's goal is to destroy Israel. ANyone giving these thugs and murderers anything is an idiot. Give them NOTHING.

    • stern

      Simple. Because their rockets and mortars are aimed at Jews – and because their goal, as you point out, is to destroy Israel. It all adds up to instant celebrity and world adoration.

  • LindaRivera

    The Palestinian Authority is asking Western officials for $5 billion dollars to launch a state with, Reuters reports.

    Not One Dollar For a Muslim Terror State! Disgusting. These spongers must Work for their own Money and Stop Impoverishing hard-working US/EU taxpayers.

    Whilst Arab countries are swimming in oil wealth – funding global jihad; our nations have very severe financial problems and the terrorists are asking for more free money? Why do they have no money from the billions already given, for their ILLEGITIMATE state? It's because the terrorists build mansions. Fill their war chests. Make war against hated Jews and laugh all the way to the bank with free infidel money.

    After Jews achieved the miracle of transforming DESERT and SWAMP into rich, agricultural land (as foretold by G-D in the Bible) large numbers of Arab Muslims entered Jewish Palestine for jobs from Jews. The Muslims now claim Israel belongs to Muslims. This is what happened to Christian majority Ivory Coast where a large number of illegal Muslim immigrants entered extremely prosperous Ivory Coast.

    With very strong U.S. backing, French military and the UN went into the Ivory coast on the side of top favorite Muslims to ensure the Muslim conquest of the Ivory Coast. In recent days, 1,000 Christian innocents were hacked to death or burnt alive.

    Pray for the terrified Christians who have been captured, and the Christian president and his family who have been handed over by French military to the Muslims. There is no one to rescue them. No one to help. G-D help you in this world if you are not a Muslim!

    A photo on the internet showed an Ivory Coast Christian man and woman holding the same signs – a desperate plea to the world for help. Their signs read:

    UN-USA-FRANCE=ASSASSINS

    UN Peacekeepers? Give them their proper name: UN Soldiers for Global Jihad.

    Which is the next country targeted by the US/EU/UN for Islamic conquest, and how long is that list? Israel has always been at the top of the list. Pray for Israel. Only G-D can prevent the planned Second Holocaust of Israel's Jews.

  • michiganruth

    I say, let'em do it! Israel should call their bluff. the Pals think they're ready for statehood? fine, let them have a state. if they're serious about it, it's going to take some work on their part. maybe they'd stop sending rockets into Israel on a daily basis, and slaughtering sleeping children.

    I am absolutely for two states living side by side in peace. but it has to really BE in peace. it can't be constant aggression by an enemy who wants to destroy you. and if the world doesn't understand that, tough.

    • Paco

      Slaughtering sleeping children? You are so funny. Can you name three? Do rockets or any other weaponry actually reach far enough inside the Zionists' hangout to ever actually touch any self chosen people? You must be watching news channels different than the ones I see every day.

  • zionlion

    israel could have a surprising ally in opposing a palestinian state: Saudi Arabia. Since a Pal. state would incorporate hams into the unified govet, and very likely be taking over by hamas soon thereafter (thru bullets and ballots, as happene din gaza) it is HIGHLY likely that a pal state would be a close ally/puppet of IRAN. We know thru wikileaks that the saudis believe iran to be their biggest threat in the region and a sworn enemy of suadi arabi and the other Sunni states . surely there is a way to enlist the saudis to make sure this vote doesn't happen, or to get the saudis to make sure it doesn't gain a super majority in the general assembly. ironically, the saudis could be more help to israel than america. get smart, israel and make it happen.

    • ziontruth

      "israel could have a surprising ally…"

      Could but shouldn't. Jewish Law says the Jewish nation is not to make any alliances. Covenants can and often do go wrong, even when both sides are well-intentioned. Too many times they come with a price of some sort, as we can see now with the U.S.-Israel alliance coming with the price of Israel having to restrict its inhabitation of its own soil in exchange for U.S. aid.

      "ally in opposing a palestinian state: Saudi Arabia."

      Least of all to take an enemy state like Saudi Arabia or Turkey as an ally. All Muslim-majority states are enemies of the Jewish State, if not formally then de facto. They are treacherous and should never be courted for any reason.

  • GreySky

    If it is ever reached, the current and any other artificial “peace agreement” will be illegitimate before it is ever signed because (1) all people living in Palestine regardless of religion, race, origin, etc. (hereinafter “All People of Palestine”) were never given a choice on how they want their land to be governed, and (2) all contracts signed under duress are null and void.
    The biggest problem in Palestine is that the Zionist regime never offered a choice to All People of Palestine on how they want to govern their land because the Zionist regime cannot exist as a democratic entity. If there was ever any democratic process in Palestine, Zionists would have been outvoted and the Zionist regime would have never existed. That is why the Zionist regime is the occupier because it does not offer choice (i.e. democracy), but instead imposes its regime (i.e. occupies). Imagine if Russians would simply occupy a town in the U.S. where they are in significant numbers and attempt to create a Russian state there without giving the rest of the Americans living there a choice. Imagine then if they would try to institute a “peace agreement” that would attempt to legitimize their occupation. The “peace agreement” would logically and legally be illegitimate because the Americans were not given a choice.

    Under all countries’ laws, any contract is null and void if it is signed under duress. The current Palestine “peace agreement” process reminds me of The Godfather movie where the mafia boss (i.e. the Zionist regime) made a guy “an offer he could not refuse” by placing a gun (i.e. Zionist conventional and nuclear arsenal) to his head and making him sign the contract. Like the mafia boss’ offer, any “peace agreement” other than the choice for All People of Palestine is a crime, and the contract is legally null and void.

    The bottom line is that All People of Palestine never wanted to divide their land into artificial two states the way the occupation and this “peace agreement” attempt to divide it. From the beginning of the Zionist regime to its unavoidable end, All People of Palestine and the region never wanted the Zionist regime and they do not want it even more after all the atrocities the Zionist regime committed. I just cannot believe how the Zionist regime can be so ignorant to think that this or any other “peace agreement” that does not allow people to choose how they want to be governed will last and ensure its people’s survival. The Zionist regime fails to realize that no matter if it succeeds in muscling this “peace agreement” by unspeakable historic coercion tens of millions of moral people around the world will oppose it until it is corrected, and until justice and free choice prevail. Also, ever increasing number of Jewish people are realizing that Zionism is becoming a destructive force for them and are leading the global resistance to it.

    • Charlie

      Grey Sky, you touch on some important points. Whether true or not, it is the Zionist claim that neither Hamas or Fatah have control over ALL of Palestine and all of its people, or control of all of its police or war powers and therefore do not have necessary ingredients for a true "state.". Well, duh. Isn't that why Palestine was divided into two non contiguous parts in the first place?
      Divide and conquer, in other words. As a legal argument, it may require that there be declared an "east" and a "west" Palestine (either or both), if the Zionists cannot be forced out of a corridor area connecting Gaza and West Bank. Knowing them, hated and war mongers throughout their history, such a corridor would amount to a DMZ and have to be policed permanently by the UN or somebody until the end of time.
      I am not necessarily advocating any of these ideas, just thinking out loud.

    • WilliamJamesWard

      Idiot!…………………

  • GoodEnemy

    The main Zionist claim is that they have a supreme right to some of Palestinian territory because they lived there thousands of years ago. Let’s examine the core and real nature of this claim.
    Firstly, this claim is mistaken and selfish in its core concept because Zionists fail to recognize that history is a continuum and that there were other people living in majority in Palestine before the Jews and also after the Jews. Zionists simply cut history at a convenient point for them and claim ancestral ties to the land as of that convenient point.
    Secondly, whatever the claim, it is beyond absurd to try to shape modern world based on thousands of years old maps. Imagine if the rest of the world would be reshaped by who was on the land thousands of years ago. It would cause horrific wars, countless refugees, and unimaginable human suffering, exactly what is happening in Palestine.
    Thirdly and most disturbing, Zionist goal was to establish a Jewish state wherever possible. Palestine may have been a preference, but Palestine was not the only location that Zionists planned as their state in modern times. Another location was Argentina where Jews have been migrating for hundreds of years for the purpose of establishing a state. Also, locations in Europe were on the list and that’s why the Catholic Church was killing/expelling Jews since Roman times (read the history of the Holly Inquisition). Whatever the location, Zionist plan was to simply occupy the people living on the land even if that would mean imposing a regime worst than Nazi Germany’s from which they escaped. And Zionists would just use a different ideological coloring than the one used in Palestine in the attempt to rationalize the occupation.

    In conclusion, the main claim on which the Zionist regime is built in Palestine is erroneous, selfish, and a lie. I am categorically against generalizing, and recognize that many Jews are against the crimes the Zionist regime is committing and that many Jews are leading the global resistance to it. They should be proud.

    • Charlie

      Well put. G.E.

      • WilliamJamesWard

        Idiot and Stupid together…………….

  • Drewinna

    Imagine in the current time if France would want to create its own state in Michigan and separate it from the U.S. French are a minority in Michigan so democratic vote on the separation would not work because they would be outvoted by the rest of the Americans living in Michigan. So imagine if they had a historic opportunity when the U.S. is at its weakest and militarily occupy a part of Michigan and impose a regime where only French can vote and all the others who lived there cannot. Furthermore, the occupiers rename the occupied part of Michigan as the “French State” where not only that Americans are not welcome, but they are systematically expelled over time creating huge refugee camps in nearby states of Indiana and Ohio. Imagine then that at that point in history the artificial organization called the United Nations is full of French supporters and somehow that makes the occupation “legal” and Americans who fight for their homes in the occupied part of Michigan are labeled as terrorists. The occupation is a part of a careful log-term plan (i.e. Zionism) of acquiring land by French, so literally days after the occupation is implemented (what a coordinated plan!) the occupiers import millions of other French from all over the world to increase their population in Michigan from around 100,000 to over 5 Million in a short period. Then Americans resist and fight to regain the occupied part of Michigan, but Russia steps in, sends weapons, cash, and everything else the occupiers need to sustain the occupation.

    What do you think all of us Americans would feel? We would hate French first, and then all of their supporters (Russia in this analogy) that make the occupation of our land possible. Still questioning yourself why people in the Middle East and other parts of the world do not like us? Because our Zionist controlled government, not the people, supported the very exact scenario as described above against our will and with our tax money making us accomplices in this unspeakable crime. The scenario that would outrage all of us Americans and make us fight against it if it happened in Michigan or anywhere else in the U.S.

    This comment is not intended to make derogatory remarks about France and Russia. It is merely used as an example of how Americans would be outraged and fight back in the same situation as the forced establishment of the Zionist regime and its occupation of Palestine.
    Urge your state representatives and senators to immediately stop any remaining support for the Zionist regime. Much of the support already stopped because of the increasing pressure on this issue, but we Americans need to completely distance ourselves from this oppressive regime and start actively opposing it.

  • Polsk

    Yeah, the force that always seems to save the Zionists from impossible odds is sort of mysterious, isn't it? But that's just how Satan works. Nothing else could explain it.